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COPYRIGHT BASICS
What is Copyright ©?
Copyright law in the United States is embodied in federal laws enacted by Congress. The current copyright law, the Copyright Act of 1976 (as amended), is codified in Title 17 of the U.S. Code.
Copyright is protection. It is a form of protection given to the authors or creators of "original works of authorship," including literary, dramatic, musical, artistic and other intellectual works. It is a bundle of "exclusive rights" given to the author of any such work. What that means is that, as the author of the work, you alone have the right, the exclusive right, to do any of the following or to give others permission to do any of the following:
1. Make copies of your work;
2. Distribute copies of your work;
3. Perform your work publicly (such as for plays, film, or music);
4. Display your work publicly (such as for artwork, or any material used on the Internet or television); and
5. Make "derivative works" (including making modifications, adaptations or other new uses of a work that is derived from the original, …which also includes translating the work to another media).
In general, it is illegal for anyone to do any of the things listed above with a work created by you without your permission, but there are some exceptions and limitations to your rights as a copyright holder. One major limitation is the doctrine of "Fair Use." The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes, which is discussed below.
Which Works Are Protected by Copyright?
Copyrightable works fall into the following categories:
* Literary works (i.e., all text, which includes computer software);
* Musical works, including any accompanying words;
* Dramatic works, including any accompanying music;
* Pantomimes and choreographic works;
* Pictorial, graphic, and sculptural works;
* Motion pictures and other audiovisual works;
* Sound recordings; and
* Architectural works.
Which Works Are Not Protected by Copyright?
Not everything is protected by copyright law. The following are categories of things not protected:
* Ideas, concepts, or discoveries -- unless they are documented in written form -- in which case the written description is protected by copyright as text;
* Titles, names, short phrases, and slogans (but some titles and words might be protected under trademark law if their use is associated with a particular product or service);
* Works that are not fixed in a tangible form of expression, such as an improvised speech or dance that is not written down or otherwise recorded;
* Works consisting entirely of information that is commonly available and contains no originality (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources); and
* Anything written or created by the US government.
Who Owns the Copyright in a Work?
The copyright in a work of authorship immediately becomes the property of the author who created it at the moment it is put into fixed form. No one but the author can claim copyright to the work, unless the author grants rights to others in a written agreement (such as to the author's publisher or record company).
Works made for hire
Works made for hire (a work "made for hire" by an employee and certain kinds of commissioned works) are considered to be authored by the employer or the commissioning party.
Two or more authors
When two or more people create a work together, each of them is an author: they are called "joint authors" and the work is called a "joint work." Joint authors are co-owners of the copyright in the work, unless they agree otherwise.
What is Copyright Infringement?
Anyone who exploits any of the exclusive rights of copyright without the copyright owner's permission commits copyright infringement.
Fair Use / Exceptions
The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright.
Clear examples of fair use include: class handouts of very short excerpts from a book, quoting for purposes of reporting the news and criticizing or commenting on a particular work of art, writing, speech or scholarship.
The law lists the four factors, which courts must consider together and weigh in determining whether a particular use of a copyrighted work is a permitted "Fair Use," or is instead an infringement of the copyright:
* The purpose and character of the use: a noncommercial, educational use is more likely to be a fair use;
* The nature of the copyrighted work: the more factual and less creative the work, the more likely it will be fair use;
* The amount and substantiality of the portion used in relation to the copyrighted work as a whole: the more taken the less likely to be fair use; and
* The effect of the use upon the potential market for or value of the copyrighted work: in other words, is the use taking away from the copyright owner money that he or she might have been making from the work.
How Do I Obtain Copyright Protection?
Beyond creating a copyrightable work, neither publication, nor registration with the Copyright Office, is required today to secure copyright but it is highly recommended. Please read "Registering works with the United States Copyright Office - is it a legal requirement to do so?" located in the Articles section of this website to learn more about this.
Copyright Exists Automatically Upon Creation
Copyright exists immediately and automatically when the work is created, that is, when it is fixed in a tangible copy for the first time: i.e.: books, manuscripts, sheet music, film, videotape, or microfilm. A song can be fixed in sheet music or in a CD, or both.
Notice of Copyright
The use of a copyright notice has not been required under U.S. law since March 1, 1989. However, the use of notice is very important because it informs the public that the work is protected by copyright, by identifying the copyright owner, and showing the year that it was first sold or distributed to the public.
Form of Notice
The notice for visually perceptible copies (like books and posters) should contain all of these items:
* The symbol © (the letter "C" in a circle), or the word "Copyright" or the abbreviation "Copr.";
* The year of first publication of the work; and
* The name of the copyright owner.
Example: © 2001 John Doe
When And How Do I Register a Copyright?
Registration may be made any time before the term of copyright expires. Registration is not needed for copyright protection, but there are many good reasons to do so.
* Registration establishes a public record of the copyright.
* Registration is necessary before an infringement lawsuit may be brought.
* Refer students to the Copyright Office website at www.copyright.gov for more information on registration.
How Long Does Copyright Protection Last?
Copyrights do not last forever. Under the current laws, copyright protection starts from the moment of creation of the work and continues until 70 years after the death of the author or artist.
"Public domain:" When the term of a copyright expires (meaning it's finished), the work falls into what's called the "public domain." When a work is in the public domain anyone can copy it and use it without permission.
For works made for hire and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication (or 120 years from creation (whichever is shorter)).
Works created when prior copyright laws were in effect had shorter terms. Under the law in effect before 1978, the copyright lasted for a first term of 28 years. The owner could renew for an additional 28-year term at the end of the first term. Because later laws extended the terms of many earlier copyrights, and you cannot assume that any work is in the public domain (meaning anyone can use it) unless it was first published before 1923.
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